Help- someone is using my Trademark!

Posted by Jane on May 03, 2013 / Posted in Trade Marks
What should I do if someone uses my trademark?

As a trade mark owner you have the exclusive right to use your trademark. The registered trade mark gives you the right to prevent the use of your trademark in the course of trade by a third party without your consent.  

These are the following steps that should consider when you suspect someone is using your trade mark.

1.)   Contact the infringer – you should first contact the infringer to see if the matter can be resolved amicably.  This would firstly require you contacting the party casually in an email or letter alerting them to the fact your trademark is registered. Additionally you could include additional information such as your registration number and the goods or services your trade mark is registered for.

2.)   Make sure your allegations are justified- this is because trade mark law also protects traders from groundless threats of infringement. If the alleged trade mark infringement is unjustified you may end up being sued yourself. If not sure about this it is best to seek legal advice before sending them a warning letter.

3.)   A warning letter- If the third party does not respond to your first contact and you are certain they are infringing your trade mark you may consider writing them a warning letter.  However you must be satisfied that the earlier trade mark that you own and that the activities of the infringer justify this. If not sure about this it is best to seek legal advice before sending the warning letter.

4.)   Seek legal advice on the matter- A lawyer would be able to review your case and contact the infringer on your behalf if the matter is still unresolved.  They would also give your advice on the following steps to consider such as the possibility of litigation if necessary and the costs of this.

Jane Coyle
This entry was posted on May 03, 2013 and is filed under Trade Marks. You can follow our blog through the RSS 2.0 feed.